GECAP
Georgia Environmental Compliance Assistance Program
http://www.gecap.org
SARA Title III Section 313
Toxic Chemical Release: Reporting Requirements
GECAP of the Georgia Tech Research Institute is a voluntary, non-regulatory environmental compliance program
funded by the Georgia Legislature through the University System of Georgia.
What is the SARA Title III §313 Community
Right-to-Know Program?
Section 313 Emergency Planning and Community
Right-to-Know Act (EPCRA), which is also known
as Title III of the Superfund Amendments and
Reauthorization Act (SARA), requires certain facilities
to report both routine and accidental chemical
releases. These businesses must submit reports to the
Environmental Protection Agency (EPA) and the state
emergency response commission (SERC) by July 1 for
each preceding year.
Which facilities must submit Toxic Chemical
Release Inventory forms?
EPA’s “Toxic Chemical Release Inventory Reporting
Form R and Instructions” provides guidance on how
to determine if your facility must submit a report.
Either Form A or Form R must be sent to the EPA and
SERC if a facility is required to comply with EPCRA
§313. Choosing the correct EPA Form depends on the
type and quantity of chemicals at the facility.
Criteria for reporting a chemical with Form R:
• facility has 10 or more full-time employees; and
• facility is included in Standard Industrial
Classification (SIC) codes 10, 12, 20-39, 4911,
4931, 4939, 4953, 5169, 5171, 73891 or is a federal
facility; and
• chemical is subject to reporting under Section 313
column of SARA Title III “List of Lists”2 (i.e. is
a listed chemical), which is also listed in 40 CFR
372.65; and
• facility manufactures or processes more than 25,000
pounds/year of a listed chemical or facility otherwise
uses more than 10,000 pounds/year of a listed
chemical3; and
• facility has an “annual reportable amount”4 of more
than 500 pounds; or
• facility has an “annual reportable amount” less than
500 pounds but facility manufactures, processes, or
otherwise uses more than 1 million pounds5.
Criteria for reporting a chemical with Form A:
• facility meets all the criteria previously mentioned
for Form R except…
• facility has an “annual reportable amount”4 of less
than 500 pounds6; and
• facility manufactures, processes, or otherwise uses
less than 1 million pounds5.
A flow chart for determining applicability of EPCRA
§313 requirements is provided at the end of this Tech
Guide.
Where do facilities send the forms?
Facilities must report the quantities of both routine
and accidental releases of listed toxic chemicals, the
maximum amount of each chemical on-site during
the calendar year and the amount contained in wastes
transported off-site. The reports are sent to the EPA
and the SERC in a written or electronic format.
The Georgia SERC contact information is:
Judson H. Turner, Director
Georgia Environmental Protection Division
Director’s Office
2 Martin Luther King Jr Dr SE Ste 1456 East
Atlanta, Georgia 30334-9074
The EPA address is as follows:
U.S. Environmental Protection Agency
Attention: TRI Reporting Center
P.O. Box 10163
Fairfax, VA 22038
• Contact the Georgia Environmental Compliance
Assistance Program (GECAP) at Georgia Tech by
calling 404-407-8082.
What is the Hazardous Substance Reporting Fee?
The Georgia Environmental Protection Division
Sections
& 312
— Hazardous
Chemical
(EPD) 311
institutes
a hazardous
substance reporting
fee Inventory Reporting
associated
with theatEPCRA
This that
fee isis required
• For to
related
see the
following
GECAPby the
Refers
to the presence,
any one§313
time,submittal.
of a chemical
have information
a Material Safety
Data
Sheet (MSDS)
due
July
1
of
each
year.
The
basic
fee
schedule
is:
$575
Tech
Guides:
EPCRA
Sections
302-303
;
EPCRA
Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS).
annually for §313 reported releases between 1 and 999
Section 304; EPCRA Sections 311 and 312; and
pounds;
STEP$1150
1: annually for §313 reported releases
STEP. 2:
EPCRA
between 1,000 pounds and 10,000 pounds; and $1725
Does the facility have
1
Is the
required
by greater than or
annually
for facility
§313 reported
releases
Exemptions
and limitations
associated with certain
any chemical
considered
HCS
to have
anare based upon total
SIC codes. Refer to the EPA’s “Toxic Chemical Release
equal OSHA
to 10,000
pounds.
Fees
to be an EHS per the
Inventory Reporting Forms and Instructions” for more
MSDS
for annually.
a chemical?
pounds
released
EPA List of Lists?
NO
YES
For More Information
2
Is there
≥ 10,000
of
• Visit EPA’s
Toxics
Releaselbs
Inventory
homepage at
this chemical on
http://www2.epa.gov/toxics-release-inventory-trisite at any one time?
program
NO
YES
3
“Manufactures,”
“processes,”
and “otherwise uses” have
NO
YES
activity thresholds and are defined thoroughly in EPA’s
“Toxic Chemical Release Inventory Reporting Forms and
Do any exemptions apply?
Instructions.”
NO
4
An “annual reportable
amount”
YES
NO is a total of all releases
including all quantities used for energy recovery on site
and off site, recycled on
site and
off site,
and EHS.
treated on
Facility
must
report
site and off site.
• You can also obtain a copy of SARA Title III “List of
Lists,” Form R, Form A, and instructions by calling
Do any exemptions apply?
the EPCRA Hotline at 800-424-9346 or
703-412-9810.
YES
details.
NO
YES
“Title III List of Lists” is a consolidated list of chemicals
EHS ≥ 500Planning
lbs or and Community
subject Is
to the
the Emergency
Right-to-Know
Act
(EPCRA)
and Section 112(r) of the
TPQ (whichever is lower)
Clean Air
Act.
on site at any one time?
• Information on Georgia’s Hazardous Substance
Facility must report MSDS.
Reporting Fee can be found in Section 3.0 of
the Guidelines for Calculating Hazardous Waste
5
Facilities that releaseFacility
less thandoes
500 not
pounds
of a EHS.
listed
report
Facility
does not Substance
report MSDS.
Management Fees
and Hazardous
Reporting
chemical are eligible for the “alternative threshold” of 1
Fees, located at: http://epd.georgia.gov/sites/epd.
million pounds manufactured, processed, or otherwise
georgia.gov/files/related_files/site_page/fee_guide.
used. The “alternative threshold” is applied per chemical
pdf or313
by calling
the EPD
Hazardous
Site Response
for each different activity.
Section
— Toxic
Release
Inventory
Program at 404-657-8600.
6
If facility
has no
theList
owner
operator
Addresses the release (routine or accidental) of certain toxic chemicals
found
in release,
the EPA
of and/or
Liststhat
are is still
manufactured, processed, or otherwise used in the calendar year.required to submit a Form A according to §313 EPCRA.
Is the facility
classified under
the SIC codes in
EPCRA §313 or a
federal facility?
YES
Does facility
have ≥ 10 fulltime employees
YES
NO
NO
Does facility
manufacture,
process, or
otherwise use
a listed
chemical
under EPCRA
§313?
NO
Facility does not report.
Does facility
manufacture
or process ≥
25,000 lbs/year
or otherwise
use ≥ 10,000
lbs/year of this
chemical?
YES
NO
YES
Facility must report.
Updated 9/2014
For more information, contact GECAP:
Georgia Tech Research Institute
Atlanta,
Georgia 30332-0837
For more information,
contact the Tech Assist Program
404-407-8082
http://www.gecap.org
Health and Environmental
Systems Laboratory
Environmental Systems Division, Atlanta, Georgia 30332-0837
404.407.8645
http://www.gtassist.org
updated 3/07
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